What is the burden of proving that a testator approved the contents of a will?
Saskatchewan, Canada
The following excerpt is from Krahn v. Reid Estate, 2005 SKQB 357 (CanLII):
The propounder of the will has the onus, on a balance of probabilities to prove due execution of the will in accordance with the law, that the testator had knowledge and approved of the will and that the testator had testamentary capacity. The propounder is assisted in this burden by the rebuttable presumption that once the legal formalities of execution have been established, it is presumed that the testator knew and approved of the contents of the will and had the testamentary capacity to make a will. (See Vout v. Hay et al., 1995 CanLII 105 (SCC), [1995] 2 S.C.R. 876)
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